Summary: We will not investigate this complaint about the Council’s handling of a business rates account as it is made late to us and there are not good reasons to investigate now.

The complaint

1. Mr X complains his business experienced financial difficulties in 2018/19 after the Council wrongly advised him what the business rates would be on a premises he subsequently took a lease out on. Mr X also complains the Council is seeking payment from him for a period when the account was on hold in 2018/19 and that the Council has failed to properly respond to his requests for information about these matters. Mr X wants the Council to waive the debt.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council. (Local Government Act 1974, sections 26B and 34D, as amended)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X has known about the issues he complains about since, at the latest, early 2019. Mr X did not complain to us until March 2023. Mr X’s complaint is therefore made late to us, as per paragraph two. It is reasonable to expect Mr X to have complained to us in time and as such, I do not consider we should investigate now.
7. In addition, we cannot achieve the outcome Mr X seeks. The Council is legally required to collect business rates and we cannot ask it to waive a debt.
8. The Information Commissioner’s Office (ICO) is the UK’s independent authority on upholding information rights and is best placed to deal with Mr X’s complaint about the Council’s handling of his information requests.
9. For these reasons, we will not investigate.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because it is made late, and the ICO is best placed to deal with the complaint about information request handling.

Back to top

Investigator's decision on behalf of the Ombudsman